Terms of Use Groupz

Article 1. Definitions

Account: the account that a Booker creates via the Website to make and manage Group Reservations through Groupz.
Booker: the party—either a Consumer or a legal entity—that uses Groupz by visiting the Website, whether or not for requesting and completing a (quotation for a) Group Reservation with an Accommodation Provider.
Consumer: any natural person who acts outside the scope of his or her professional or business activities.
Terms of Use: these Groupz Terms of Use.
Group Reservation: an agreement between the Booker and one or more Accommodation Provider(s) concerning one or more reservations for rooms and/or other facilities at an Accommodation Provider(s) via Groupz.
Groupz: the online platform available via the Website, on which Group Reservations can be requested and managed by the Booker and which is owned and/or operated by Groupz B.V.
Groupz B.V.: the private limited liability company Groupz B.V., incorporated in Tilburg, with its visiting address at Dr. Hub van Doorneweg 105, 5026RB Tilburg, registered in the Trade Register of the Chamber of Commerce under number 96229187, reachable by telephone at 013-7111909 and by e-mail at info@groupz.now.
Accommodation Provider(s): third parties who, via Groupz, make rooms and/or other facilities in their lodging accommodations available to the Booker.
Quotation: a quotation for a Group Reservation via Groupz.
Unauthorized Use: the meaning ascribed to it in Article 6 of these Terms of Use.
Website: bookings.groupz.now.

Article 2. Applicability of these Terms of Use

These Terms of Use apply to every use by the Booker of Groupz, including but not limited to each request for a Quotation, the creation and use of an Account on Groupz, and the completion and management of a Group Reservation. In this context, the Booker accepts the applicability of these Terms of Use—and any other terms offered during this process to which the Booker must agree—before completing a request for a Quotation and, in any case, prior to creating an Account.
Any deviations from these Terms of Use are only valid if expressly confirmed in writing by Groupz B.V. to the Booker, and they only apply in the specific case for which such deviations have been agreed upon.
Groupz B.V. expressly excludes the applicability of any other general or Terms of Use of the Booker.

Article 3. Groupz

Groupz is an online platform designed to facilitate and simplify the process of making Group Reservations at an Accommodation Provider by Consumers and legal entities.
Groupz B.V. provides and is solely responsible for (the operation of) the Groupz platform. Groupz B.V. is expressly not responsible for making an offer for a Group Reservation by providing a Quotation, nor for the confirmation and/or execution of the Group Reservation. The Accommodation Provider is solely responsible for these aspects in accordance with the (general [booking]) terms used by the Accommodation Provider. Consequently, Groupz B.V. is expressly not a party to the agreement entered into between the Booker and the Accommodation Provider(s) regarding a Group Reservation.
Regarding the information about the Accommodation Provider(s) available via Groupz, Groupz relies on the input provided by the Accommodation Provider(s). Although Groupz endeavors to ensure that all available information is accurate, it is not responsible for any errors or omissions in the provided information regarding the Accommodation Provider(s) and/or the Group Reservation to be executed. Groupz reserves the right to make changes to the information provided (regarding the Accommodation Provider(s)) at any time.

Article 4. (Requirements for) the Use of Groupz by the Booker

Use of Groupz by the Booker is free of charge.
To request a Quotation, the Booker must enter all the required (personal) data completely and correctly. Creating an Account is not (yet) necessary for requesting a Quotation.
If the Booker requests a Quotation, Groupz will send an email confirming the requested Quotation.
Until a Quotation is accepted by the Booker, all communication between the Booker and Groupz and/or the Accommodation Provider(s) regarding the Group Reservation will take place via email.
In order to accept a Quotation—and thereby make and subsequently manage a Group Reservation—the Booker must create an Account. The Booker is responsible for keeping all information (such as contact details) linked to the Account up to date at all times and for the proper use of the Account.
After accepting a Quotation and making a Group Reservation (as well as creating an Account), all communication regarding the Group Reservation will take place via the chat function available through the Account.
The Booker is only permitted to use the Account for purposes consistent with the objectives described in this article and in accordance with applicable laws, regulations, and generally accepted standards of conduct. In particular, the Booker must refrain from causing disturbances or damage via Groupz and/or to the Accommodation Providers—for example, by making (unfounded) negative remarks about Groupz and/or the Accommodation Provider(s), engaging in preparatory measures for making erroneous or fake Group Reservations, or otherwise causing disturbances, damage, or displaying inappropriate behavior.
When the Booker accepts a Quotation and thereby makes a Group Reservation, the Booker agrees to the costs of the Group Reservation, including any fees and taxes that may apply, as stated in the accepted Quotation by the Accommodation Provider.
Payment for the Group Reservation is made directly to the Accommodation Provider—without the intervention of Groupz—in the manner prescribed by the Accommodation Provider.
Groupz has no authority over any possibilities for modifying or canceling a Group Reservation. In this regard, Groupz refers the Booker to the applicable modification and/or cancellation policies of the Accommodation Provider(s).
If the person requesting the Quotation and making the Group Reservation is the Booker, the Booker is responsible for the actions of all group members in the context of the Group Reservation. Where relevant and necessary, the Booker is also responsible for obtaining the consent of all group members for the processing of their personal data by Groupz and/or the Accommodation Provider(s).
For questions or complaints regarding Groupz or otherwise, the Booker may contact Groupz via the contact details provided in Article 1.

Article 5 – Unauthorized Use of Groupz

Any use of Groupz that violates applicable laws and/or does not comply with the conditions set forth in these Terms of Use is considered Unauthorized Use.
Groupz reserves the right at all times, and in particular in cases of Unauthorized Use, to exclude or render any use of Groupz and its offered services (such as customer service or an Account) by the Booker impossible for any purpose, or to take any other measures it deems justified under the circumstances. If Unauthorized Use of Groupz is detected, this will be communicated in writing to the Booker—with reference to the measures to be taken—unless notifying the Booker would contravene applicable laws and/or regulations or would compromise the detection or prevention of fraud or other illegal activities.

Article 6 – Liability of Groupz B.V.

The liability of Groupz B.V. is excluded, except insofar as it has expressly assumed a legal or contractual obligation to compensate for damages as set out in this article.
Except in cases of intent or deliberate recklessness, Groupz B.V. shall never be liable for indirect damages, including but not limited to consequential damages, loss of profit, lost savings, business interruption, and damages resulting from third-party claims.
The total liability of Groupz B.V. towards a Booker is always limited to the amount covered by, and actually paid out under, a liability insurance policy taken out by Groupz B.V., and in any event to a maximum amount of €2,500.00.
Furthermore, the liability of Groupz B.V. is limited to claims that are reported in writing within one year of the occurrence of the damage. Failure to provide timely notice will result in the legal claim and the right to claim expiring.

Article 7 – Intellectual Property Rights

Unless otherwise stated, all intellectual property rights related to Groupz are owned by Groupz B.V. (or its licensors).
The Booker shall refrain from any (unauthorized) use of the intellectual property rights of Groupz B.V. In this regard, the Booker specifically agrees not to use (or reference) Groupz for any commercial purpose without the written consent of Groupz or its licensors.

Article 8 – Governing Law and Jurisdiction

These Terms of Use and/or any legal relationship between the Booker and Groupz B.V. shall be governed exclusively by Dutch law.
All disputes arising from or relating to these Terms of Use and/or, more broadly, the legal relationship between the Booker and Groupz B.V., shall be exclusively submitted to the court in Zeeland-West-Brabant, location Breda. If the Booker is a Consumer, then within one month after Groupz B.V. notifies in writing of its intention to initiate legal proceedings before the court in Zeeland-West-Brabant, location Breda, the Consumer may opt for the dispute to be settled by the court that is legally competent. In such a case, the Consumer must notify Groupz B.V. of this choice in writing within the aforementioned one-month period following the notification of the initiation of legal proceedings.

Article 9 – Miscellaneous Provisions

If any provision of the Agreement, including these Terms of Use, is null and/or otherwise non-binding, the remaining provisions shall remain in full force.
Groupz B.V. reserves the right to unilaterally amend these Terms of Use at any time. The amended Terms of Use shall apply to the existing legal relationship once they have been made available to the Booker (whether electronically or otherwise).
In processing personal data, Groupz B.V. and the Accommodation Provider(s) will comply with the provisions set out in the privacy statement available on the Website.